ORDINANCE NO. 3860
AN ORDINANCE AMENDING ORDINANCE NUMBER 3845, the UNIFIED DEVELOPMENT CODE,
ADOPTING REGULATIONS FOR THE SALE OF MEDICAL AND RECREATIONAL MARIJUANA;
AND DECLARING AN EMERGENCY
WHEREAS, On March 19, 2014, Senate Bill 1531 was signed into law, giving local jurisdictions the ability to adopt
regulations governing the operations of medical marijuana facilities; and,
WHEREAS, the City of Pendleton has no local regulations governing the sale of medical or recreational marijuana,
which leaves both City staff and the general public without clear guidance should such a business be proposed; and,
WHEREAS, an amendment to the Unified Development Code is necessary to address issues with or to comply with
recent State Legislation, to address citizen requests, and to address changing circumstances in the community; and,
WHEREAS, during a regular meeting of the City Council, held on February 17, 2015, the Council directed staff to
proceed with the development and adoption of local regulations governing Medical Marijuana facilities in accordance
with Senate Bill 1531; and,
WHEREAS, The City desires to include the sale of Recreational Marijuana permitted pursuant to Ballot Measure 91
under the same regulations as Medical Marijuana; and,
WHEREAS, City staff developed draft language modeled on that used by the City of LaGrande, and presented this
language to the public on the City’s web site and at a public Open House on March 19, 2015; and,
WHEREAS, Staff and the City Council understands and intends that if any provision, or portion thereof, contained in
this amendment is held unconstitutional, invalid or unenforceable, the remainder shall be deemed severable, shall not be
affected, and shall remain in full force and affect; and,
WHEREAS, after proper public notice, the Planning Commission conducted a Public Hearing to review these
amendments on April 2, 2015, and recommended that the proposed amendments be adopted by the City Council; and,
WHEREAS, the City Council considered the matter at its April 7, 2015 meeting and, after testimony and deliberation,
agreed with the recommendation of the Planning Commission, and finds that the proposed amendments are in the best
interests of the community declared an emergency justifying immediate action, and voted to approve the request.
Now, therefore, the following sections of the City of Pendleton Unified Development Code (Ordinance No.
3485) are hereby amended:
(New language in bold; deleted language in strikethrough)
Sections 4.01 and 4.03 are hereby amended to add MMJ as a Conditional Use, with a reference to Section 4.05:
4.01
C-MU Central Mixed Use zone
4.01.3 Conditional Uses. Any permitted use with a gross floor area of more than 25,000 square feet and the following
uses and their accessory uses are permitted when authorized in accordance with the provisions of Article 11:
A. Automobile and vehicle dealers, repairs, and services within the “Central Area Parking District;”
B. Building Materials, retail
C. City Park
D. General building and special trade contractors
E. Dwelling, caretaker or manager only
F.
G.
H.
I.
J.
Hospitals
Zoos
Animal clinics, kennels and hospitals utilizing outdoor areas for surgery, holding and/or boarding
Transportation Services, warehousing and storage
Breweries and wineries, with a production of more than 50,000 gallons per year, provided a restaurant or
tasting room is open to the public on a regular basis
K. Distilleries with a production volume of more than 12,000 gallons per year
L. Within the Central Mixed Use Plan Designation, expansion of existing, lawfully established light industrial
uses on the same or adjacent property
M. Medical and Recreational Marijuana facilities (see Section 4.05)
4.03
C-3 Service Commercial zone
4.03.3 Conditional Uses. Any permitted use with a gross floor area of more than 25,000 square feet and the following
uses and their accessory uses are permitted when authorized in accordance with the provisions of Article 11:
A. Warehousing, motor freight;
B. Animal clinics, kennels and hospitals utilizing outdoor areas for surgery, holding and/or boarding;
C. Within the Central Mixed Use Plan Designation, expansion of existing, lawfully any established light
industrial use on the same or adjacent property.
D. Medical and Recreational Marijuana facilities (see Section 4.05)
Section 4.05 is added:
4.05
Marijuana Facilities
4.05.1 Purpose. This Section establishes regulations for the siting of medical and recreational marijuana
(MMJ) facilities as authorized by State Law. The purpose of this Section is to minimize adverse
impacts on adjacent properties, schools and other places where children congregate, and other land
uses potentially incompatible with such facilities.
4.05.2 General provisions.
A. No MMJ facility may be located within the City unless the review authority finds that it satisfies all
the requirements of this Code and State law.
B. MMJ Facilities may be allowed, subject to a Conditional Use Permit pursuant to Article XI of this
Code, in the Central Mixed Use (C-MU) Zone, and Service Commercial (C-3) Zone.
C. MMJ facilities legally established pursuant to this Code shall not be found in conflict with the
provision of this Code in the event that a conflicting land use locates in the vicinity of a MMJ facility
subsequent to the MMJ facility obtaining land use approval from the City. When such conflict is
found to exist, the MMJ facility shall be considered a legal nonconforming use and subject to
provision set for in Article XI of this Code.
4.05.3 Definitions included by reference. For the purposes of this Section, the following definitions shall be
used:
 Career School – any private proprietary professional, technical, business or other school instruction,
organization or person that offers any instruction or training or preparing persons for any profession
at a physical location attended primarily by minors.
 Minor – an individual under the age of 18.
 Pre-school – a school of instruction attended primarily by pre-kindergarten or age level equivalent
(ages 2-5).
 Primary School – (aka elementary school) means a learning institution containing one or any
combination of grades kindergarten through 8th grade or age level equivalent.

Secondary School – a learning institution containing one or any combination of grades 9 through 12
or age level equivalent and includes those institutions that provide junior high schools which
include 9th grade.
4.05.4 Limitations for MMJ Facilities.
A. No MMJ facility shall be located:
2. At the same address as a registered grow site.
3. Within 1,000 feet of the real property comprising a:
a. Public or private preschool, elementary, secondary or career school attended primarily by
minors; or,
b. College or University; or,
c. Public library; or,
d. Public park; or,
e. Community recreation facility attended primarily by minors; or
f. Participant sports and recreation facility attended primarily by minors; or,
g. Licensed daycare center.
4. Within 1,000 feet of another MMJ facility.
B. No MMJ facility shall be open to the public:
1. Before 9:00 a.m.
2. After 5:00 p.m.
5.01
M-1 Light Industrial
5.01.1 Description and Purpose. Except as modified within applicable subdistricts, to provide, enhance and protect
areas to accommodate a wide range of manufacturing and allied uses that need generally flat topography and easy
access to arterials and intermodal shipping facilities, and to reserve industrial sites near the airport for specific
employment uses identified in the Pendleton Economic Opportunities Analysis (EOA).
Within the Central Mixed Use Plan Designation, the M-1 zone may also provide opportunities for adaptive reuse of historic structures and for expansion of existing, lawfully-established commercial and residential uses.
Within designated Mixed Use Opportunity Areas, M-1 land with an approved Master Development Plan is
suitable for land uses allowed in other zones within that Opportunity Area, where consistent with applicable
Comprehensive Plan performance standards.
5.01.2 Permitted Uses. The following uses and their accessory uses are permitted outright:
A. Air Transportation Facilities
B. Automobile and vehicle dealers, repairs, services and service stations
C. Building Materials, retail
D. General Business Services
E. Communication Facilities
F. General building and trade contractors
G. General Light Industrial
H. General Repair Services
I. Governmental, public, or semi-public uses or structures
J. Transportation Facilities and Services
K. Wholesaling, durable and nondurable goods
L. Solid Waste Transfer Stations, if the solid waste transfer station:
1. Is not within 1,000 feet of an existing residential structure or residential zone, or
2. The location of the transfer station has been approved by a vote of the people.
M. Within the Central Mixed Use Plan Designation, expansion of existing, lawfully established residential and
commercial uses on the same or adjacent property.
5.01.3 Conditional Uses. Except as modified within applicable subdistricts, the following uses and their accessory uses
are permitted when authorized in accordance with the provisions of Article 11:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Article VI.
Animal Clinic, Kennel, or Hospital
Commercial Amusement and Recreation
Eating and Drinking Establishments
Fuel and Ice Dealers
Hotels, motels, other lodging
Junk yard, wrecking yard;
Industrial and agricultural chemicals, paint
Ordnance
Petroleum pipeline facilities;
Sanitary landfills, solid waste disposal or treatment facilities;
Transportation Equipment (Air, land, water and space vehicles, equipment and accessories)
Utilities
Landscape and Horticultural Services
Social Services
Dwelling, Caretaker or Manager Only
Cultivation of marijuana for medical marijuana dispensary or recreational marijuana use.
Areas inside UGB retaining EFU Zone
6.01
Description and Purpose
The purpose of the Exclusive Farm Use Zone is:
A. To preserve and maintain agricultural lands for farm use, including range and grazing uses, consistent with
existing and future needs for agricultural products, and open spaces;
B. To conserve and protect scenic resources;
C. To maintain and improve the quality of air, water, and land resources of the City;
D. To establish criteria and standards for farm uses and related and supportive uses which are deemed
appropriate, and
E. To provide the automatic farm use valuation for farms which qualify under the provisions of Oregon law.
6.02
Permitted Uses
The following uses and their accessory uses are permitted:
A. Production of crops and livestock, excepting feedlots and hog farms. For the purpose of this Section, farm
use includes customary accessory uses such as but not limited to: corrals, pens, barns, sheds, maintenance
buildings, farm owned or personal use grain bins or elevators and chemical storage)
B. Agricultural services
C. The production of alcohol fuels from agricultural products for private use on farm premises
D. Sale of agricultural produce grown on the farm premises
E. Utility facilities necessary for public service except commercial facilities for the purpose of generating power
for use by sale
6.03
Conditional Uses
The following uses and their accessory uses are permitted when authorized in accordance with the Article 11:
A. Operations conducted for the exploration, mining and processing of geothermal resources, aggregate and
other mineral resources or other subsurface resources
B. Farmstead divisions from original farm units when the following can be met:
C. The person making the request has resided on and owned the property for at least the preceding ten (10)
consecutive years;
D. The remainder of the parcel shall not be partitioned for a similar purpose;
E. The purpose of the homesite partition shall be for retirement thereon;
F. The remainder of the property shall continue in farm use;
G. The original parcel is a minimum of twenty (20) acres;
H. The first right of refusal for repurchase of the farmstead parcel is given to the parent parcel;
I. The farmstead parcel shall be a maximum of five (5) acres which includes the original farm dwelling and
necessary accessory buildings to support the residential use only. The farmstead parcel shall be only as large
as necessary to accommodate the residential use, and shall not include tillable land from the farmstead.
J. Commercial utility facilities for the purpose of generating power for public use by sale
K. Cattle feed lots, stockyards, hog farms
L. Home occupations carried on by residents as an accessory use within their dwelling or other buildings
customarily provided in conjunction with farm use (see Article 11 of this Ordinance for home occupation
criteria)
M. A dwelling (mobile home or single family dwelling) and other buildings customarily provided in conjunction
with farm use, on lots that meet the size requirement of this Article, in accordance with Oregon Law. (This
includes the principal farm dwelling for the owner or operator and farm employee dwellings, bunkhouses
and their accessory uses [e.g. garages and storage sheds], but does not include barns, sheds, personal use
grain elevators, silos, corrals, etc.).
N. Cultivation of marijuana for medical marijuana dispensary or recreational marijuana use.
O. Other buildings and uses not listed in above that appear in Oregon Law as alternate uses permissible in an
exclusive farm use zone.
6.04
Limitations on Conditional Uses
A. Conditional uses permitted by Section 6.03 of this Ordinance may be established on lands subject to the
criteria set forth in subsection (B) of this Section and upon a finding that each such use:
1. Is compatible with farm uses as defined with the intent and purpose set forth in Oregon law, the
comprehensive plan and this Ordinance;
2. Does not interfere seriously with accepted farming practices on adjacent lands devoted to farm uses;
3. Does not materially alter the stability of the overall land use pattern of the area;
4. Is situated upon generally unsuitable land for the production of farm crops and livestock, considering the
terrain, adverse soil conditions, drainage and flooding, vegetation, location and size of the tract.
B. Criteria to evaluate conditional uses:
1. Immediate and future impact on public services, existing road systems and traffic demands;
2. Soil type and its development limitations, including slides, erosion, flooding and drainage;
3. Agricultural productivity including food productivity and the production of any usable agricultural
product which requires open space and a non-urban environment;
4. Development minimizes potential adverse effects on terrain, slope and ground cover;
5. Development is compatible with the existing land use pattern and the character of the overall area;
6. An adequate quantity and quality of water is available and either subsurface or other sanitary disposal
system exists or can be provided and adequate provision for solid waste disposal exists;
7. Conversion of agricultural lands to non-farm uses shall be based upon consideration of the following
factors:
a. Environmental, energy, social and economic consequences;
b. Compatibility of the proposed use with related agricultural land;
c. The retention of Class I through VI soils in farm use.
6.05
Dimensional Standards
A. Minimum lot area.
1. Farmlands. A minimum of forty (40) acres shall be required of new farm parcels.
B. Conditional Uses. The minimum lot area for all non-farm uses permitted by this Section shall be:
1. As necessary for the protection of public health and the size needed to accommodate the use and its
accessory uses;
2. Considered in compliance with applicable comprehensive plan policies;
3. Compatible with adjoining land uses;
4. Considered in relation to the overall land use patterns of the area;
5. Designed to retain the maximum possible agricultural land for farm use.
This ordinance is effective immediately upon passage.
PASSED by the City Council and approved by the Mayor April _______, 2015.
Approved as to form
APPROVED
Nancy Kerns, City Attorney
Phillip W. Houk, Mayor
ATTEST
Andrea Denton, City Recorder